What’s The Difference Between Condo Declarations, HOA Covenants, And Rules & Regulations?

At Perez Mayoral, P.A., we represent homeowners and condominium unit owners across Florida in disputes with their associations. Many conflicts arise from questions about whether an association has the power to enforce certain restrictions. Florida law draws important distinctions between declarations, covenants, and rules and regulations. Understanding these differences is critical for protecting your rights and our Naples, FL condo lawyer is here to help.

Declaration Of Condominium

• Purpose And Nature: The declaration of condominium is the foundational document that creates the condominium and governs the relationship between unit owners and the association. It is often referred to as the condominium’s “constitution.”
• Legal Status: Recorded in the public records, binding on all owners, and treated as both a contract and a covenant running with the land.
• Content: Describes the property, ownership shares in common elements, voting rights, restrictions on use, and management structure.
• Amendments: May only be changed through the process set forth in the declaration and Chapter 718, usually requiring supermajority owner approval.

Declaration Of Covenants (For HOAs)

• Purpose And Nature: The HOA equivalent of a condo declaration. It establishes the community, subjects property to the association’s jurisdiction, and sets rights and obligations of parcel owners.
• Legal Status: Runs with the land and is binding on all current and future owners.
• Content: Covers issues such as architectural control, landscaping, maintenance duties, and assessments.
• Amendments: Governed by Chapter 720 and the terms of the covenants.

Rules And Regulations

• Purpose And Nature: Adopted by the board to govern day-to-day living and operations within the community.
• Legal Status: Subordinate to the declaration and bylaws. Valid only if authorized and consistent with higher-ranking documents.
• Content: Typically regulate pets, parking, pool use, common areas, and leasing procedures.
• Flexibility: Easier to amend than declarations, usually requiring only a board vote.

Categories Of Restrictions Under Florida Law

In Hidden Harbour Estates v. Basso, 393 So. 2d 637 (Fla. 4th DCA 1981), the court explained that restrictions fall into two very different categories, each judged by a different legal standard:

1. Restrictions In The Declaration (Category One)

• These restrictions carry a strong presumption of validity.
• They are binding because every purchaser takes title knowing about and agreeing to them.
• Courts will uphold these restrictions unless they are arbitrary, violate public policy, or infringe on a constitutional right.
• Even if a restriction in the declaration seems harsh or somewhat unreasonable, it will usually be enforced.
• Example: A declaration provision banning pets or prohibiting commercial activity in units.

2. Restrictions Adopted By The Board As Rules (Category Two)

• These restrictions do not come from the declaration itself but are adopted later by the board under its rulemaking power.
• Courts apply the rule of reasonableness: the rule must bear a reasonable relationship to the health, happiness, and peace of mind of the community.
• Arbitrary or capricious rules are not enforceable.
• Example: A board rule limiting pool hours or banning smoking in common areas.

This distinction is critical: a declaration restriction is presumed valid and hard to challenge, while a rule must pass the test of reasonableness.

Case Example: Hidden Harbour Estates V. Basso

In Hidden Harbour, the association denied a unit owner’s request to drill a shallow well on his property, citing concerns about water salinity, staining, and proliferation of additional wells. The court reaffirmed the two categories of restrictions:

• Declaration restrictions (like those banning alterations without approval) are binding and enforceable absent arbitrariness, public policy concerns, or constitutional violations.
• Board-made rules, by contrast, must be reasonable and related to the welfare of the community.

Because the evidence showed that the well posed no actual harm to the association’s water supply, sidewalks, or common areas, the court held that the association’s denial was not reasonably justified. The rule of reasonableness had not been satisfied, so the denial was improper.

This case remains the foundation of Florida law on the difference between declaration restrictions and board rules.

Practice Guide: How To Analyze Restrictions In Your Community

Step One: Review The Declaration

• Identify what restrictions are in the recorded declaration.
• Remember: restrictions here are presumed valid and enforceable, even if they seem tough, unless they are arbitrary or unlawful.

Step Two: Check The Rules And Regulations

• Compare board-adopted rules against the declaration.
• Ask: does the rule reasonably relate to community welfare, or is it arbitrary?

Step Three: Consider The Hierarchy

• Statutes (Ch. 718 for condos, Ch. 720 for HOAs) override everything.
• Declarations are next in authority.
• Bylaws govern association governance.
• Rules regulate daily living but must be reasonable and consistent with the declaration.
• Policies and resolutions are lowest in the hierarchy.

The Bottom Line

Florida law draws a clear line: declarations create binding covenants that are very difficult to overturn, while board rules must be reasonable and tied to community welfare. The landmark case Hidden Harbour Estates v. Basso explains this distinction and guides how Florida courts evaluate restrictions.

At Perez Mayoral, P.A., we focus on representing homeowners and unit owners in disputes with HOAs and condominium associations. If your association is trying to enforce a rule or restriction that you believe is invalid, contact us today to schedule a consultation.